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IN RE C KITCHEN ASSOCIATES, INC.

Bankruptcy Nos. 92-11938 B, 92-11937 B.

245 B.R. 776 (2000)

In re C KITCHEN ASSOCIATES, INC., Debtor. In re Gruber Supply Corporation, Debtor.

United States Bankruptcy Court, W.D. New York.

March 3, 2000.

Attorney(s) appearing for the Case

Thomas J. Gaffney, Buffalo, New York, for the trustee.

Gross Shuman Brizdle & Gilfillan, P.C., Robert J. Feldman, of counsel, Buffalo, New York, for the debtors.

Nixon Peabody LLP, Gregory J. Mascitti, of counsel, Rochester, New York, for Lennar Northeast Partners, L.P.

CARL L. BUCKI, Bankruptcy Judge.

In these related proceedings, the Chapter 7 trustee objects to proofs of claim that a mortgagee has filed to recover unpaid rent allegedly due for property that the debtors had occupied as tenants prior to a foreclosure sale. At issue is the application of New York law relative to the recovery of foreclosure deficiencies.

C Kitchen Associates, Inc. ("C Kitchen"), and Gruber Supply Corporation ("Gruber Supply") filed separate...

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